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The Supreme Court has acquitted a sergeant in the Nigerian Army, Akawu Bala, from the death sentence previously handed down by the General Court Martial.
Sergeant Bala had been on death row for 12 years in a Kaduna prison, awaiting confirmation of his sentence.
His appeal to the Supreme Court was heard on March 16, 2017, where a five-justice panel unanimously ruled in his favor.
Bala was accused of fatally shooting Isa Mohammed on December 9, 2012, while stationed at an African Petroleum station in Sabon Tasha, Kaduna.
Mohammed succumbed to his injuries the following day at Saint Gerald’s Catholic Hospital.
Charged with murder under Section 106 of the Armed Forces Act 2014, Bala was tried by the General Court Martial and sentenced to death by hanging.
His initial appeal was dismissed by the Kaduna Division of the Court of Appeal on February 17, 2017, which found procedural errors in the trial but did not discharge Bala, prompting an appeal to the Supreme Court.
Representing Bala, Senior Advocate of Nigeria Reuben Okpanachi Atabo argued that the flawed trial should result in Bala’s discharge, citing Section 193 of the Armed Forces Act 2014, which prohibits retrials after a voided trial.
The Supreme Court, led by Justice Helen Morenikeji Ogunwumiju, agreed that Bala should have been discharged following the invalidation of his trial.
The court invoked Section 193 of the Armed Forces Act 2014, preventing any retrial and ordering Bala’s immediate release from prison.
Other justices on the panel included Uwani Musa Abba Aji, Chidiebere Nwaoma Uwa, Stephen Jonah Ada, and Abubakar Sadiq Umar.
Bala defended his actions, claiming he fired his weapon in self-defense during a period of heightened Boko Haram activity, as he believed the men were approaching him with harmful intent in the dark.
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